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QLD Drafting Consent Orders - Options?

Discussion in 'Family Law Forum' started by Britnne, 9 December 2015.

  1. Britnne

    Britnne Active Member

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    Hi, does anyone know how to draft together consent orders or, perhaps, have a standard template of what this might look like, or can refer me on to a cheap lawyer?

    I have noticed there two options 1. Lawyers can draft the consent orders for you 2. You draft, however, you can pay a fee and the lawyer will go over before submitting. Is this correct?


    Cheers
     
  2. sammy01

    sammy01 Well-Known Member

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    Application for Consent Orders (do it yourself kit) - Family Court of Australia
    Have a look at that site. If it is about kids, it is easy. If it is about money, assets, etc., then each party needs independent legal advice...

    To answer your questions. Yes, you need independent legal advice if it is to do with assets. They can tell you that you're mad for signing, but you can still sign.... Bit like when mum told me I was mad to get the tattoo, but I still did.... She was right.

    But writing up your own consent order is a start and cheaper than solicitors, just drop a case of beer off next time you drive past because that suggestion is heaps cheaper than from a solicitor...
     
  3. Britnne

    Britnne Active Member

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    Hi sammy01, thanks so much for your assistance. No, not to do with money at all. It has to do with an unborn child yet to enter this world which my sister is giving birth. It's not surrogacy. My niece. Hubby and I plan to become legal guardians. Legal advice received was consenting order.
     
  4. sammy01

    sammy01 Well-Known Member

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    If you all agree, I think you could write it up yourself with the help of the good folk here. This website can help
    Application for Consent Orders (do it yourself kit) - Family Court of Australia

    Just checking - are you saying that your sister and her hubby are having a baby in MAY with the intention that you raise the child?

    Ok, so the problem then is going to be that your sister and her hubby will be responsible for paying you child support. Look there are ways around that too, but this is getting complicated. I suppose you could write up consent orders that state the child lives entirely with you and that would give you legal documentation for most stuff. Really the only problem would be around things like getting passports etc for the child, but again, if you're on good terms with sister then that issue is also easily resolved.

    I guess the big question for me is why do you want / need legal documentation? Oh, I also do not think you would be able to get any documentation until after the birth of the child because the child kinda sorta doesn't legally exist in family law until the child has a birth-certificate.

    Ouch, my head hurts, but I hope my thoughts help.
     
    Britnne likes this.
  5. Britnne

    Britnne Active Member

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    Morning sammy01. Thanks so much for your valued info, much appreciated.

    Ok, maybe I can give this a crack.

    Yes, that's correct. Hubby and I will be taking the baby home from the hospital and will raise the baby as our own. No, I don't want my sister and her hubby to pay child support as this is our child. Yes, we have a great relationship so that's good.

    Hubby and I would like legal documentation so it is official. Also, so we won't need to run back to biological parents to sign this, sign that. Also, I would like to take maternity/ parental leave. Work is supportive but just need some sort of evidence. Sister and I need to do a separate affidavit explaining what our intentions are and also a letter from a lawyer explaining the process. Actually, I'm not sure if the lawyer letter is actually required. I will confirm today.

    Lol, yes my head hurts, too.

    Thanks for templates will check this out

    Yes, big help, thanks sammy01.

    Cheers
     
  6. sammy01

    sammy01 Well-Known Member

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    Oh dear, look this is gonna get messy. Please once you get it sorted, let us know how you went about it. So the term you're after is sole parental responsibility... In short, you want to be given the right to make decisions about the child without consulting the bio-parents.

    The law presumes shared parental responsibility, so even with consent orders granting you and your hubby sole care of the child, shared parental responsibility would still exist. My understanding is a parent can't agree to have that right relinquished, it must be taken away and only a magistrate can do that. Generally, it only happens when one parent is very abusive. Oh and even if you have sole parental responsibility, the bio parents would still be expected to pay child support (there are ways around that, but this is messy.) So the problem is your situation ain't exactly normal so the law hasn't really accommodated it. Really what you want is to adopt the child....

    Your initial post was about recommending a lawyer. Just make sure you see a 'family law' expert. They tend to charge crazy money. So you'll be up for few hundred for your first one-hour meeting. But I strongly recommend you spend the money. I'm not a solicitor and like most other people on this site, I'm just a person who has learnt lots about family law as a result of divorce etc, etc. But your case is well and truly outside the norm so any help would be pure speculation even more so than normal.

    In regards to the letter from the lawyer, yep, not required for maternity leave. What is required is a birth certificate, but again, that is gonna be a problem because it won't have your name on it...

    Regardless, best of luck and please let us know how you go.

    Just out of interest - do you intend to tell the child when he/she is older?
     

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